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PostPosted: Thu Jun 03, 2021 9:53 am 
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can someone explain to me what this is

I keep reading articles and nothing explains what actually happened. How would have some diminished cognitive capacity based on race both be offered by one side and accepted by the other AND approved by a court as part of a settlement in the present age?

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PostPosted: Thu Jun 03, 2021 9:56 am 
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good dolphin wrote:
can someone explain to me what this is

I keep reading articles and nothing explains what actually happened. How would have some diminished cognitive capacity based on race both be offered by one side and accepted by the other AND approved by a court as part of a settlement in the present age?



That was my thought too. Are we missing something? It doesn't seem possible.

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PostPosted: Thu Jun 03, 2021 9:58 am 
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Sounded to me like the settlements were calculated using a formula based on the perceived loss of cognitive function. So let's say both a black player and white player were measured at 50 (post career), but the black guy was assumed to have started at 80 and the white guy started at 90 (according to whatever data the NFL used), then maybe the black guy got less money because they claim he only lost 30 instead of 40.

As for how it was agreed to, it is puzzling.

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PostPosted: Thu Jun 03, 2021 10:14 am 
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Jaw Breaker wrote:
Sounded to me like the settlements were calculated using a formula based on the perceived loss of cognitive function. So let's say both a black player and white player were measured at 50 (post career), but the black guy was assumed to have started at 80 and the white guy started at 90 (according to whatever data the NFL used), then maybe the black guy got less money because they claim he only lost 30 instead of 40.

As for how it was agreed to, it is puzzling.


It seems absurd that anyone would even suggest such a methodology, let alone that a court would accept it.

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PostPosted: Thu Jun 03, 2021 10:15 am 
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Joe Orr Road Rod wrote:
Jaw Breaker wrote:
Sounded to me like the settlements were calculated using a formula based on the perceived loss of cognitive function. So let's say both a black player and white player were measured at 50 (post career), but the black guy was assumed to have started at 80 and the white guy started at 90 (according to whatever data the NFL used), then maybe the black guy got less money because they claim he only lost 30 instead of 40.

As for how it was agreed to, it is puzzling.


It seems absurd that anyone would even suggest such a methodology, let alone that a court would accept it.


:lol: Not these days it doesnt.

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PostPosted: Thu Jun 03, 2021 10:21 am 
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I just read about this in the Athletic. I'm confident that the NFL understood this made sense financially because of the higher percentage of black players. Does the judge need a complete understanding of something before signing off on it?

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PostPosted: Thu Jun 03, 2021 10:58 am 
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Nas wrote:
I just read about this in the Athletic. I'm confident that the NFL understood this made sense financially because of the higher percentage of black players. Does the judge need a complete understanding of something before signing off on it?


judge has to approve a settlement (and they do get disapproved sometimes). I'd feel pretty tight in the collar as a judge if I approved a settlement that included payments being based on an assumed lower cognitive ability of a race compared to another race, especially a race that was most aggrieved. But no, judge's don't always read the entirety of the document, especially in a civil case. The attorneys give them a verbal synopsis at a hearing, the judge sprinkles magic dust on the agreement and boom, steak dinner!

but how did the player's attorney not put a big "WTF?" next to it on the redlining stage of drafting the agreement? and how did the owner's through their attorney have the balls to propose it?

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PostPosted: Thu Jun 03, 2021 11:55 am 
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It was out in the open last year.



https://www.nytimes.com/2020/08/25/spor ... -bias.html

Quote:
Black Former N.F.L. Players Say Racial Bias Skews Concussion Payouts
The players say doctors use two scales — one for Black athletes, one for white — to determine eligibility for dementia claims.





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PostPosted: Thu Jun 03, 2021 12:02 pm 
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A podcast from All Lawyers are Bastards, what I assume is a favorite among many here, discusses how it's not just the NFL

https://podcasts.apple.com/us/podcast/a ... 0512066970

Quote:
Andy, Michael, Tim, and Tarik discuss "race norming" and related statistical shenanigans being used in courts today -- most famously in the NFL's concussion class action settlement -- to disadvantage women and people of color, a facially indefensible practice that somehow goes virtually unchallenged


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PostPosted: Thu Jun 03, 2021 12:19 pm 
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I'll bet the NFL lawyers first proposed using the individual Wunderlic test scores, and then settled for generic race-based averages as if they were doing the players a solid.

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PostPosted: Thu Jun 03, 2021 12:22 pm 
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It was probably some actuary tables guys like Dennis use for claims.

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PostPosted: Fri Jun 04, 2021 7:52 am 
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pittmike wrote:
It was probably some actuary tables guys like Dennis use for claims.

Offer a generous stock option package.


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